In re Estate of Rogers

Citations

• 185 Pa. 428
• 39 A. 1109
• 1898 Pa. LEXIS 735

Syllabus

<p>Will — Power of sale — Trusts and trustees.</p> <p>Testator after making provision for his family by life estates and bequests directed that the residue of his estate should be used in establishing a charitable institution, and directed that his mansion house should be used for that purpose. Owing to a great shrinkage in his estate his intent to found a charitable institution failed. By his will he gave to his executors and trustees power to sell “any or all of my real estate” when they should think it for the best interest and benefit of his estate. Certain of his children petitioned the orphans’ court to direct the trustees to sell the mansion house, which was an unproductive property, in order that the proceeds of the sale might be invested and the income therefrom distributed to testator’s children. Meld, that it was proper for the court to direct the trustees to sell the property.</p>